75% of cases lack independent advocate

MORE than three-quarters of children who are involved in court proceedings do not have their voice heard due to the lack of a specially appointed adviser.

A Guardian ad Litem (GAL) is an independent advocate appointed by the courts in civil cases involving children to look after their best interests.

However, in this country, despite a major Government-commissioned report in 2004 which stated that the “existing situation cannot continue”, there have been no practical changes to create a state-backed service.

Currently, children’s charity Barnardos runs the only coordinated service, but it can only deal with a small fraction of the cases which go through the courts.

Last year, its team of 20 dealt with 300 cases, but in total, children were the subject of 1,848 care orders in the courts.

Freda McKittrick, head of Barnardos GAL service, said there was concern a whole host of children who did not have any independent voice to speak for them.

“Often we find in cases relating to care proceedings there has been no contact with the child at all,” she said.

Under the United Nations Convention on the Rights of the Child, the views of children must be taken into account in matters affecting them.

Ms McKittrick said there needed to be independent accountable advice to the courts regarding children and said there was concern due to the lack of responsibility and accountability.

“We know there are about eight individuals also offering a service here, but there is no regulation of management practices.”

Barnardos said it is in favour of a GAL being automatically appointed in all civil law cases that involve children.

Earlier this year, the Children Acts Advisory Board (CAAB) launched a guide on the role, criteria for appointment, training and qualifications of GAL appointed in proceedings.

A CAAB spokesperson said although it was non-statutory it was hoped that it would be widely adhered to.

He said currently, the way in which GALs were appointed was “very ad hoc”.

He said there had to be legislative change at some point to put a structure on the system.

The CAAB said it had made recommendations to the Minister for Children Barry Andrews for consideration.

Its public report, however, stops short of anything recommended in the extensive 2004 report conducted by the Nuffield Institute for Health. It recommended that the current GAL system in Ireland be replaced with a centrally regulated model and a comprehensive, detailed review of all of the relevant legislation to be undertaken within the departments of Health and Children and Justice, Equality and Law Reform.

At the very least, the report said, much clearer definition of the role, powers and duties of GALs was required, along with binding guidelines for their selection and appointment. Effective regulation of the system is also required, it stated.